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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33769
Experience:  Attorney with 15 years experience in various consumer protection areas
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We financed a vehicle through a dealership. Weve had the

Customer Question

We financed a vehicle through a dealership. Weve had the vehicle almost a year and we are 89 days past due. I asked to do a voluntary repossession. Because my husband is military we havent had the time to drive it back down there. Customer service reps also said we could not drop the vehicle off without the dealership being open. I explained we could bring the vehicle down there on October 22nd. The manger said ive already submitted it to the attorneys to file a reprivance. My question is this how long does it take to get a court date. If we return it on the 22nd will we still have to ho to court? We have had nothing but issues with this new finance company and they said they coulsnt get on the military base. I said i find that hard to believe becausr all you need is a pass and anyone can get access to the base.
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

The manger said ive already submitted it to the attorneys to file a reprivance. My question is this how long does it take to get a court date. If we return it on the 22nd will we still have to ho to court?

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If they have filed a summons and complaint, then it will normally take about a month to get a hearing date for the first hearing. But I highly doubt that they have filed suit because they still have no idea how much you will owe them. They have to first repo the car, sell it at auction, and then apply the proceeds to what you owe. Then they could sue you for the remainder owed as a deficiency.

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The only reason I could see them filing a court case right now would be to get an order for you to turn over the vehicle. So if you drop it off at the dealer or the lender and give them the keys, that eliminates that reason to file suit.

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thanks

Barrister

Customer: replied 1 month ago.
Thank you so if they file a reprivance its takes a month for the hearing we already told them the vehicle would be back the 23rd of October
Expert:  Barrister replied 1 month ago.

I am not sure what you mean by "reprivance". If you mean repossession, then yes, generally it will take at least a month depending on the court's schedule..

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But if you turn it in, that makes any court action to get an order to return it a moot point.

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thanks

Barrister